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Use of House of Commons Resources for Political Offices Board Decision

In March 2014, allegations of improper use of House resources by some New Democratic Party
(NDP) Members in offices outside of the Parliamentary Precinct and constituency offices were
brought to the attention of the Board of Internal Economy.
The Board launched an investigation and at its meeting of April 7, 2014, it approved an amendment
to the Members By-law and issued a media statement to this effect on April 8, 2014.
At its meeting of August 12, 2014, the Board of Internal Economy determined that some NDP
Members inappropriately used parliamentary resources for certain employment,
telecommunication and travel expenses.
This backgrounder provides context for this decision.

CHRONOLOGY

In August 2011, the NDP hired many employees to support its newly elected Quebec Members.
Based on the employment forms signed by several of these Members and submitted by the NDP,
the House Administration understood that the employees would work in Ottawa for their respective
Members and that the salaries would be paid by up to seven Members concurrently. Since the
situation was unprecedented, Human Resources sought advice from the Office of the Law Clerk and
Finance Services. As a result, payroll was not processed immediately so pay was in arrears.
During the fall of 2011, various representatives of the NDP consulted with accounting and pay clerks
as well as mid-level management in Finance Services and Human Resources on implementing a cost-
sharing arrangement and following the correct human resources and financial processes. The NDP
asked Finance Services if they could lease an off-precinct office especially for these employees and
were advised that this was not allowed since according to the Members By-law and the Members
Allowances and Services Manual work should be carried out within the Parliamentary Precinct or in
constituency offices.
In October 2011, an NDP Research Office employee indicated in an email exchange with an
Information Services employee that laptops were needed in Montral. However, as per usual
practice, the laptops were provided to the NDP Research Office in Ottawa.
On October 13, 2011, two mid-level managers from Finance Services and Human Resources met
with the Deputy Chief of Staff to Nycole Turmel, then Interim Leader of the Official Opposition. The
House Administration managers specifically asked where the employees would be working since the
employment forms indicated Ottawa and yet the employees residences were in the Montral area.
Backgrounder
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The Deputy Chief of Staff confirmed the employees would be working in Ottawa. The managers
suggested that the NDP consider hiring these employees under the responsibility of the NDPs
Research Office, but the Deputy Chief of Staff replied that this would not be desirable since the
employees were exclusively carrying out constituency office work.
In light of the novelty of this type of staffing arrangement, the matter was further escalated; the
Clerk, the Chief Financial Officer, the Chief Human Resources Officer and the Law Clerk held
consultations on the matter. At no point was the House Administration informed that the
employees would be located in Montral, that their work would be carried out in an office shared
with the political partys offices or that NDP Research Bureau assets (namely, laptops) would be
used primarily in a remote location.
On November 29, 2011, the Clerk wrote to Joe Comartin, then House Leader of the Official
Opposition and a member of the Board of Internal Economy, seeking clarity on the staffing
arrangements.
On December 14, 2011, Mr. Comartin responded with further information but did not mention that
employees were working in Montral in offices shared with the party.
On January 10, 2012, the Chief Financial Officer met with the Deputy Chief of Staff to Nycole Turmel,
then Interim Leader of the Official Opposition in order to discuss in greater detail the nature of the
work being conducted by these employees. The Deputy Chief of Staff sent a written confirmation
later that day to the Chief Financial Officer explaining that the employees in question are
performing tasks associated with the Quebec Members responsibilities, including preparing
mailings, supporting riding media work, constituency outreach and support to MPs dealing with local
issues, etc. Work that is typically performed and paid for by the Members Operating Budget.
Since, according to the rules, an employee may work for more than one Member and since
confirmation was received from the Deputy Chief of Staff that the work performed was in support of
Members parliamentary functions, the House Administration advised the NDP that, although there
might be a number of administrative or legal issues associated with multiple employing Members,
such employment arrangements would be acceptable. This advice was given based on the
information provided, that is, without knowledge that the work would be performed in a location
other than Ottawa or a Members constituency office; that the work would be carried out in an
office shared with the political partys offices; and that the employees would not be performing
work only for the Members on record as their employers but rather on behalf of the whole caucus.
At its meeting of March 24, 2014, the Board of Internal Economy discussed a recent newsletter
article related to the NDPs satellite offices in Montral and Quebec City.
On March 27, 2014, pursuant to an Order of Reference from the House regarding allegations of
improper use of House of Commons resources for partisan purposes, the Leader of the Official
Opposition was asked to appear before the Standing Committee on Procedure and House Affairs
(PROC). On May 15, 2014, the Leader of the Official Opposition appeared before PROC. The issues of
satellite offices and large-volume mailings were addressed and the Leader of the Official Opposition
answered questions. PROC has not yet completed its study.

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At its meeting of April 7, 2014, the Board decided to launch an investigation into the use of House
resources with respect to satellite offices. As a result, on April 10, 2014, the Speaker wrote to Ms.
Turmel, Chief Opposition Whip, requesting that information related to current and former
employees who had worked, until recently, in the NDPs Montral or other satellite offices be
forwarded to the Clerk by April 17, 2014.
Ms. Turmel responded on May 12, 2014, informing the Speaker that the NDP intended to participate
appropriately in the Boards inquiry but would not provide the information requested due to
perceived procedural conflicts between the PROCs study of the matter and the Boards
investigation.
At its meeting of June 2, 2014, the Board directed the House Administration to provide information
on 19 former and current employees whose salaries were known to be shared by multiple
Members. The House Administration compiled the following data:
o employment information, including salaries, periods of leave without pay and positions
occupied;
o travel information, including destination, purpose of travel, dates and travel costs; and
o telecommunications information, including smartphone costs and general usage details.
On July 22, 2014, the Board met to review employment, travel and telecommunications information
related to 19 former and current employees of the NDP whose salaries were known to be shared by
multiple Members, as well as additional information related to another seven employees who had
more than one employer. One hour before the meeting, the NDP provided the Clerk of the House
with the names and job descriptions of 19 former and current employees involved in
communications, printing (ten percenters and householders) and outreach activities.

FRAMEWORK FOR INVESTIGATION: BOARD BY-LAWS

The Board is authorized by the Parliament of Canada Act to make by-laws governing Members use of
the funds, goods, services and premises made available to them for carrying out their parliamentary
functions.
The By-laws are legally binding on Members of the House of Commons and, because of their statutory
nature, they take precedence over any administrative manual or general policy decision.

Subsection 4(1) of the Members By-law states: The funds, goods, services and premises provided by the
House of Commons to a Member under the Parliament of Canada Act, this By-law or any other by-law
made under that Act may be used only for carrying out the Members parliamentary functions.

Other relevant sections of the Members By-Law: 22, 24, 57(1), 69(2), 70, 78.


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BOARD OF INTERNAL ECONOMY
The Board of Internal Economy is the governing body of the House of Commons.
It is created by the Parliament of Canada Act and has equal representation from the governing party
and the officially recognized parties (i.e. those holding at least 12 seats in the House), apart from the
Speaker.
It is chaired by the Speaker of the House.
The Board is responsible for establishing by-laws, policies and guidelines relating to expenditures
and resources provided to Members in order to carry out their parliamentary functions. This
authority is given to the Board by the Parliament of Canada Act.

RELATED RESOURCES
By-laws of the Board of Internal Economy
Members Allowances and Services Manual
Board meeting minutes
April 8, 2014 Board of Internal Economy statement on the use of House of Commons resources
for political offices